Сибирское юридическое обозрение (Mar 2021)
Problematic Issues of Qualifying Crimes and Determining the Jurisdiction of Criminal Cases in Relation to Special Subjects: From Practice to Theory
Abstract
Attention to the effectiveness of modern lawmaking, its prognostic assessments and optimization of law enforcement has not weakened. The consideration of these problems from the point of view of system analysis requires creative interaction of various structures interested in improving state-building, balanced development of the legal system, ensuring the effectiveness of its impact on society, strengthening the rule of law and orderin the country.One of the most effective forms of such coordination is the Scientific and Methodological Council created under the Prosecutor of the Omsk region, a special task among the many of which the development and discussion, together with legal scholars, of scientifically based recommendations on problematic issues of prosecutor’s supervision, legislation and law enforcement practice, legal advisory opinions on issues arising in the practice of prosecutor's supervision.The article proposes to discuss some actual problems of law enforcement raised at one of the meetings of the Scientific and Methodological Council under the Prosecutor of the Omsk region. In particular, the problematic issues of the qualification of actions of persons under Article 165 of the Criminal Code of the Russian Federation (causing property damage by deception or abuse of trust) related to the misuse of funds of resourcesupplying organizations are considered. In this regard, the position is expressed, according to which the process of qualifying a person's actions according to the examined norm requires an analysis of civil law relations.In the second part of the material, the problematic issues of determining the jurisdiction in the proceedings based on the materials of inspections and criminal cases against persons specified in Article 447 of the Code of Criminal Procedure of the Russian Federation, but who have lost their status, are considered. In solving this problem, the actions of Chapter 52 of the Code of Criminal Procedure of the Russian Federation are proposed to be fully extended to the special person specified in it, who at the time of initiating a criminal case lost their official position, but on the condition that the subject of criminal prosecution is a crime committed by one of these persons during the period of their special status. In addition, consideration of other features of criminal proceedings of this type should depend on the specific investigative and judicial situation, and the jurisdiction of criminal cases against “special persons” who have lost their status should be determined according to the general rule of Chapter 52 of the Code of Criminal Procedure of the Russian Federation.
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